Spying On Your Spouse In A Family Law Case is Illegal

There has been an increase of incidents of spying on your spouse in family law cases with the increase of technology in today’s world. With today’s readily available technology, examples of tracking a spouse using cell phone GPS or listening in on visitation between parents and children through devices strapped to young children who are unaware of what is occurring are not unusual. With technology readily accessible, it’s definitely different to get divorced now than it was 10 years ago.

Spying On Your Spouse Can Have Serious Consequences

CHECK YOUR DEVICES AT THE DOOR

Be Aware of Spyware and Tracking Devices

  • Using free Smartphone applications (“Apps”), you can trace you or your spouse’s movements through GPS tracking.
  • There are even ways to have copies of your spouse’s emails and text messages sent to yourself automatically.
  • Some software programs allow for a phone call to be automatically accepted; parents are using this software to spy on the other parent’s time with their children.
  • Passwords can easily be saved or recovered on a computer that the password was used on even if the password was not saved.

All of these examples are viewed as an invasion of privacy. While this is becoming more common, Judges don’t react kindly to this behavior.

Change all of your Passwords

Be cautious with this type of information; it could make or break your case.

Check Computer for Spyware If Necessary

What’s the Point of Proving Stalking?

For example, Illinois is a no-fault state. This means the reason the parties are getting a divorce does not make a difference in the outcome. Whether there was cheating in the relationship or just a difference in personalities that could not be overcome, Illinois law does not care when distributing marital property or deciding issues concerning children such as parenting time or child support. An Illinois judge will not make rulings harsher against a cheating spouse versus a non-cheating spouse.

This demonstrates how going through great efforts to prove your spouse is cheating may not be cost-effective to your case. Clients tend to want to prove their X is in the wrong or cheating on them. While this may be satisfying mentally or important for one to share with their friends and family; in a court of law, it will not generally affect the outcome of your case.

Be Aware of Signs of Spying or Tracking Behavior

Be sure to consult with an attorney before making big decisions concerning sensitive topics in your case. Contact Anderson & Boback to speak with one of our experienced family law attorneys and avoiding the dangers of spying on your spouse.

THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/illinois-family-law/spying-spouse-family-law-case-illegal/

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